Friday, February 4, 2011

Buzz Franklin: Gambling with the Law

When I last left Buzz Franklin last May, he was crying in his beer about having lost his opportunity to have Tonya Craft wrongly convicted of child molestation, and by blaming the news media (read that Melydia Clewell and Callie Starnes of WRCB-TV, and Kevin West of WGOW) and the "blogosphere" (read that me) for creating "an environment hostile to the State's ability to receive a fair trial and portrayed the victims and their families in a false and negative light."

I'd like to say that was b.s., but at least the bull can produce useful fertilizer, so I should not dignify Buzz's words in such a way. However, Buzz is not resting and now has decided to back off pursuing some ill-advised child molestations cases and, instead, pursue an ill-advised gambling/RICO case. Unfortunately, like in Tonya's case and the illegal arrest of Eric Echols, Buzz not only has decided the law does not apply in the LMJC, but his actions raise much larger questions.

The case in point is the January 4 indictment of Joseph A. Mohwish of Norcross, Georgia, on "the offense of Violation of Racketeer Influenced and Corrupt Organizations Act" of Georgia (yeah, there is state RICO, too) for maintaining "an interest in a commercial gambling enterprise through a pattern of racketeering activity" by having a couple places in Walker County that had video poker machines. Keep in mind that running a gambling operation in Georgia is a misdemeanor, but by appealing to the stupidity of Walker County grand jurors and a really evil state law, Buzz is able to take two alleged misdemeanors and roll them into a felony.

(This is like taking two speeding tickets and making them a "pattern of racketeering," which not only is morally reprehensible, but demonstrates the depraved nature of prosecutors who will misuse the law in this way.)

What Buzz has done might even be legal except for the fact that Mr. Mohwish had a permit to give the proceeds to a charity (Michigan Barber College, an African-American charity) and he stuck to the law. Furthermore, Mr. Mohwish has a Georgia Supreme Court decision that says that the non-cash redemption procedures and the other things tied to Georgia statutes in another case made the operation legal. If Mr. Mohwish went according to the law as the Georgia Supreme Court saw it (and the records indicate that he did, from what I can tell), then case law even precludes Franklin from seeking an indictment in the first place.

None of this surprises me. During the Tonya Craft trial, we saw Buzz's people involved with suborning perjury, lying to jurors, manufacturing false evidence, and generally engaging in all-around evil to try to get a conviction. Since the Georgia State Bar has declared that such actions fall into the "they're just doing their jobs" and the fact that prosecutors don't indict themselves, I am sure that Franklin, Chris "Facebook-Cruisemaster" Arnt and Len "The Man-Racist" Gregor believe that they, along with Sheriff Phil Summers, "judge" brian outhouse, and Det. Tim "Dirty" Deal are invulnerable. Indeed, in that jurisdiction, they ARE invulnerable because in North Georgia, those who are supposed to enforce the law have become major lawbreakers. There is nothing we can do but to point out this fact, given that no one in a position of authority in Georgia or the U.S. Department of Justice will do anything about it.

But, there is something else about this heavy-handed indictment against Mr. Mohwish that leaves me puzzled, and that is the simply question of "Why"? Why would Franklin go to such great lengths to shut down a couple of legal and very small Walker County operations?

As a trained economist who took a graduate field in regulation and industrial organization, I have written a lot about what economists call "Capture Theory." This is a theory of regulation that says that regulators over time tend to be "captured" by the entities that they regulate.

Now, places like Catoosa County do not have a vast army of regulators, and much of the local regulation is done by law enforcement personnel. Furthermore, we know that illegal operations from meth labs to prostitution and drug rings exist in Catoosa County, as they do in all rural areas, and we know that at least in some places in this country, law enforcement officers (including prosecutors) have been in cahoots with the criminal rings that they supposedly are trying to shut down.

One of the aspects of "Capture Theory" is that the "regulators" will try to impose costs upon competitors of "favored" firms, which is what we often saw in formerly regulated industries such as trucking, airlines, and telecommunications. For that matter, when Rudy Giuliani (who was the U.S. attorney for Manhattan and Southern New York) went after Michael Milken and Drexel Lambert in the late 1980s, we know that he was backed by established Wall Street firms that did not like competing with upstarts like Milken and Drexel.

I cannot help but wonder if Mr. Mohwish's operations were seen as competitors of other entities that have video poker (and perhaps illegal video poker outfits). The world of video poker is well beyond me; while I am addicted to playing Hearts on my computer, nonetheless I cannot imagine standing in a store and playing video poker for hours on end.

Thus, I cannot say that any illegal video poker outfits exist in the LMJC, including Catoosa County, and I would not know one if I walked into it. Furthermore, I tend not to frequent truck stops and convenience stores in that area, even when I am visiting my family on Lookout Mountain. So, anything I say is just theorizing and nothing else.

However, given what we do know about the state of law enforcement in the LMJC, and given the fact that outhouse, Arnt, Gregor, Summers, and Deal were willing to flout or break the law and/or judicial and Georgia Bar ethics, I would not be surprised at anything these people do. Is the arrest and prosecution of Mr. Mohwish a warning to any potential competitors of potential illegal gambling operations in Catoosa County or elsewhere in the LMJC that competition won't be tolerated?

I don't know, and am not qualified to answer this question. However, given the facts that Mr. Mohwish seems to have been operating within the bounds of the law and that Franklin has used the felony RICO statutes to go after him, I cannot help but be suspicious.

As I have written before, the LMJC is an utterly lawless operation. It is a judicial district of dishonest and law-breaking prosecutors, cops who spit on the law, and judges who flout their duties and the laws that supposedly guide them. If there is more to the Mohwish indictment than meets the eye, I would not be surprised. Not in the least.

************************************

I have written extensively (with Candice E. Jackson) on the federal RICO statutes here and here. The RICO "crimes" are fictitious entities, derived from other supposed illegal acts. The statutes are yet another abominable legacy of the Richard Nixon administration.

31 comments:

traffic ticket attorney said...

The world of video poker is beyond me, while I'm addicted to the game Hearts on my computer, but I can not imagine standing in a store video poker game for hours.

Doc Ellis said...

Greetings,

Shared at FreedomTorch.com(new to me) and tweeted to FaceBook, MySpace, and LinkedIn.com

Thank you for writing this

Doc Ellis 124

Anonymous said...

"from what I can tell". So your only providing the reader with the version Joe wants you to hear. The next time you talk to him ask Joe how those video poker machines work. Joe is well versed in video poker and ways to work around what is legally allowed by the Georgia Criminal Code.

Anonymous said...

http://tinyurl.com/4plpeql

One of Joe's many run ins with the law over video poker. This was in 2005 and the second or third time he illegally paid out on the machines.

William L. Anderson said...

Are there any illegal video poker sites in Catoosa County? If so, who is running them and why have there been no arrests?

(My sense is that Catoosa County is a pure place full of good-hearted prosecutors who never lie and police who always are above-board and are the soul of integrity.) As for Joe's run-ins, how were the cases disposed?

And why the use of RICO for misdemeanors? Again, we are dealing with the LMJC.

My point is not to defend Joe or worry about his dealings with the law. We are looking at the LMJC, which is a crooked outfit. Of course, either a cop or one of Joe's competitors has been posting anonymously. Guess you don't have the integrity to tell us who you are.

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Anonymous said...

...and the legal 'authorities" and the judicial circuit of LMJC would definitely know racketeering when they see it because after all isn't racketeering a scheme in order to make a profit, perpetrated by a structured group? Hmmm....behind the bench or in front of the bench...hard to tell the difference.

Anonymous said...

Don't know about any illegal poker machines in Catoosa County. During the time of all of Joe's original arrests he was associated with Darrin Webb who was arrested by Catoosa County for the same thing. http://tinyurl.com/67npveu

I don't know what the dispositions are for Joe's arrest. How about doing some research instead of just making baseless accusations.

You decided to write about Mohwish so you can't ignore his prior criminal actions. How about giving the reader an accurate account of what is happening instead of more of your anti-law enforcement rhetoric.

William L. Anderson said...

Tell you what, Mr. Anonymous, since you have decided to write under cover, I will begin deleting your posts. If you had the courage to identify yourself, that would be another matter.

Are you saying that law enforcement in Catoosa County and the LMJC is honest? Are you telling me that the jurors in Tonya Craft's case engaged in misconduct, as Buzz alleged? (The jurors said afterward that your good friend Chris Arnt lied. Should those jurors be arrested, since you support Arnt?)

I have no idea of Joe has a criminal past and really don't care. If his actions followed those as outlined in the opinion I linked, then they are legal.

However, you have not answered my other question: Are there any gambling operations, i.e. video poker, going on in Catoosa County, such as truck stops along I-75 or elsewhere? If so, is the sheriff aware of it? If so, has he taken action?

And, have the authorities been consistent in their actions?

You claim that I am blanket "anti-law enforcement." I am anti-lying by authorities. If I am to interpret your correctly, you believe that there is nothing wrong with law enforcement breaking the law, lying, and engaging in criminal behavior. Are you prepared to counter this statement? I doubt it.

Oh, and ask your good friend Tim Deal about how he fabricated the document in the middle of Tonya Craft's trial. Just who are the criminals?

William L. Anderson said...

I also would like to add that I have been on the record for many years as being against the RICO statutes, both criminal and civil. When prosecutors use those statutes, that alone will trigger a negative response from me.

someone that knows the truth said...

Mr.Anderson, the disposition on the above mentioned case on Mr.Moewish was that ALL MACHINES WERE RETURNED,ALL MONIES AND THE FREEZE OF THE BANK ACCOUNTS WERE RETURNED AND LIFTED AND THERE WAS A MISDEMEANOR FINE.
And I believe that 3 big screen tvs were never returned. A nice donation to the authorities Id say.
Anonymous doesnt know the facts and is probably a proponent of the system in the L.M.J.system.
And if that is the case,then come forward with your identity and show your credibility in this case.

someonethatknowsthetruth said...

Oh,and I forgot the fact that the Mr.Mohwish charged in that case was Joeseph Mohwish Jr. His son. So please state the facts and not the tale you would like to spin.

someonethatknowsthetruth said...

Anonymous...3 strikes,you're out.
Neither of the Mohwish's have ever met Darren Webb...or Darren Armitage for that fact.
Why would you want to spew forth such a fictional story of a person you dont know? Have you ever met this man?

William L. Anderson said...

As you can see, we have a LMJC troll on the board. During Tonya Craft's case, the trolls were claiming that the prosecution and police only acted above board, and were the very picture of generosity.

Do these people expect me to believe that Joal and Sarah Henke were telling the truth in their testimony -- testimony that was 180 degrees different than what they had given under oath in a deposition only a year earlier?

You see, I have read the transcripts, including the depositions and interviews. I am quite familiar with the interview with Sandra Lamb's daughter in which Stacy Long comes back after the child has said nothing about Tonya Craft that was close to incriminating, by asking, "Did she ever give you a bath?"

By the way, was that planned? And how Chris Arnt got six indictments from that interview with Tonya's daughter is testament to the lies that he will tell a grand jury.

Has Arnt's wife ever put medicine on the bottom of one of her children when the child had a rash? If so, then according to Arnt's LMJC standards, she is a child molester and needs to go away to prison for life.

Notice even on the posting, the troll cannot tell the truth.

William L. Anderson said...

Interestingly, our troll does not give any evidence of Mr. Mohwish's association with Darrin Webb. And as I look at the article, a lot of red flags come up.

First, the "proof" against Webb is from a Catoosa County police officer (and we know how much those people tell the truth) and a former employee. The evidence is not physical, but rather based upon the word of questionable people.

Now I doubt that Webb is a saint and he very well might have been guilty of these things, but I also have to ask myself why this stuff was in federal court. I have written a lot of articles over the years about the huge expansion of federal criminal law, how it is based upon very murky things, and how the feds can stretch the law to make just about anything criminal.

Was Webb responsible for these arsons? I have no idea, although I never would believe the word of a Catoosa County police officer or a sleazy federal informant in a court of law. Catoosa County authorities told me everything that I needed to know about them during Tonya Craft's trial. They lie, they hide evidence, they fabricate documents. In other words, they have no honor.

On his Facebook page, Tim Deal calls himself a "pro-life Christian," but no Christian would do what he did during the Craft trial. Committing perjury and fabricating documents comes from the Pit of Hell.

As Jesus told the Pharisees in John 8: "You are of your father the devil, and your will is to do your father’s desires. He was a murderer from the beginning, and has nothing to do with the truth, because there is no truth in him. When he lies, he speaks out of his own character, for he is a liar and the father of lies."

A man who is "pro-life" would not try to destroy the life of someone else that he knew was not guilty of a crime. A man who is "pro-life" would not lie under oath.

Of course, the Catoosa County people rely on the "you are anti-government" line that seems to resonate so well with people like Harry Austin and Todd Foster at the Chattanooga Times. You see, according to these people, I am supposed to support lawbreaking when it is done by people who have the proper titles or are wearing the proper blue costume.

I don't think so. People like Tim Deal say they have high expectations of citizens and demand they obey the law. Good. Let me just extend those expectations to Tim Deal and his friends.

liberranter said...

As you can see, we have a LMJC troll on the board.

Yes, and I would urge everyone here to stop feeding it. Responding to clearly ridiculous digital drivel merely distracts from the serious discussion that is the meat of the great good that this blog has done in the recent past and continues to do now. Troll fodder also confers upon its consumer a dignity that the troll obviously doesn't deserve.

A wise move, William, to threaten deletion of this thing's future posts until it has the decency to come forth and identify itself. With that condition set, it's very likely that we will have seen the last of it. After all, the last thing that any supporter of the LMJC wants is exposure to scrutiny or truth. Either way, ignoring the troll, or denying it exposure is the most painful form of repellent one can administer.

Ken Dancer said...

"Are there any gambling operations, i.e. video poker, going on in Catoosa County, such as truck stops along I-75 or elsewhere? If so, is the sheriff aware of it? If so, has he taken action?"

I can't answer any of those questions but someone who wanted to report the truth would talk with the Catoosa County Sheriff. You'r not interested in posting the truth about anything. You put this anti-law enforcement propaganda out to try and convince people that everyone in the government is evil.

someone how about telling us about Joe's other arrests for gambling. I know he has been arrested several times for similar acts.

Since it's okay for you SANE nurse to use an alias for fear of the many people she has put in jail I should be offered the same anonymity but if you prefer I use a name I'll use this one.

Doc Ellis said...

Ken Dancer,

Everyone in government is evil. So what? Everyone is evil, whether in government or out of government. I am wicked, he is wicked, she is wicked, they are wicked, we are wicked, won't you be wicked, too?

What is your point? That Dr Anderson's publication of the the acts of government agents is somehow invalid because he spotlights agents' behaviour?

Do you believe that Dr Anderson publishes lies? Why then, do you spend your valuable time reading his essays? Why do you read lies from other guys? Why don't you spend your life reading essays promoting ideas in which you believe?

I think Dr Anderson tells the truth. I think you need to find some other commentator to fill your reading time.

Doc Ellis 124

William L. Anderson said...

Where I have written that everyone in government is evil? What I have written is that we have seen officers of the court in the LMJC openly break the law.

Now, I guess I am supposed to stand and applaud whenever Tim Deal commits perjury or Chris Arnt suborns it. And, to speak out against it is to be "anti-government."

Right.

Tell me this. Why do you support perjury? As for asking Summers about any illegal operations going on in Catoosa County, Summers already supported criminal activity during Tonya Craft's trial. Why should I ask a guy who spits on the law anything about enforcing the law?

As for the criticism, you guys brought this on when you falsely charged Tonya Craft and then fabricated documents, suborned perjury, committed perjury, intimidated witnesses, and then cried in your beer when the jurors saw through your scam.

It seems to me that I am not anti-government, but people in the government of Catoosa County and the LMJC are anti-truth.

I have no idea if Joe has been arrested before and don't care. What does bother me is that two misdemeanors are rolled into a felony RICO charge, and I have been on the record for nearly a decade as opposing any of the RICO statutes. RICO was yet another evil gift from the Nixon administration.

Of course, if you work for the government in Catoosa County and commit felonies, you are protected. So, Mr. "Dancer," if you believe in law-and-order so much, why do you support people in the government of Catoosa County committing felonies? Please answer, since you have seen fit to claim that I am a liar.

someonethatknowsthetruth said...

Mr.Dancer,
Dont know who is feeding you this information but it is dis-information.
Mr.Mohwish has no previous gambling charges.

Anonymous said...

Mr. Anderson,

I sent you a email Thursday from my phone so I dont know if you received or not...
I have a question about something I seen transpire between the Judge, Mr.Franklin and Mr.Mohwish.
Mr.Mohwish has a number of motions to argue...these motions were filed pro-se.
The Judge told Mr.Mohwish that his pro-se motions were meaningless and that he should not file motions. I am not a lawyer but is this correct? Isnt there a constitutional issue involved here?

Anonymous said...

Interesting article. You wrote: "I have no idea of Joe has a criminal past and really don't care." You should, if you are referencing his case. Then you may not believe everything he says or you hear. And for someonewhoknowsthetruth ... obviously you don't know the truth. At least not the way things happened.

Anonymous said...

Hey you,

stumbled across this and was quite amazed you wrote an article defending the likes of Joe Mowish -
He is to crime what chickens are to eggs..
Wierd analagy but it fits. Mowish goes back to the Dixie mafia and waaay back further than that -
Mowish controlled Ga. TN., KY., parts of Al. and SC. and more than a few goodfellas took a last ride with him. I should know. He thought i was dead.

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